EAD Expedite on day 65-70

[unknownuser 13]

So I have received a letter from USCIS that they received my case on November 3, 2016.

 

Now the sponsor for my AOS his company went bankrupt, and he is currently handling the bankruptcy. But he could be left any moment without pay.

I expedited my case today, and noticed I need to send evidence. But I don't see what kind of evidence I should send. Should I perhaps have waited till February 1-9 according to the prediction timelines? Or may they take my word for it looking up the company on the affidavit of support? What is the best I can do to have my EAD approved ASAP?

[Pinkrlion 2,719]

Do you have a job offer?  

[unknownuser 13]

Hundreds of job offers. That is definitely not a problem.

[geowrian 22,337]

Generally, USCIS does not just take the word of anybody. They go by evidence. Affidavits help as their is a legal penalty for lying, but that's not usually enough for any motion in itself.

 

Here are the expedite criteria used by USCIS: https://www.uscis.gov/forms/expedite-criteria

 

Your best bet would probably be under "Severe financial loss to company or person" or " Emergency situation". That said, I think the chances are pretty low of fulfilling either one of those criteria. Almost everybody faces a financial loss by waiting for an EAD. Having a job offer may help, but I still think the chances are low. And "Emergency situation" is pretty generic and open to interpretation. I don't believe it was intended for this purpose so I'm doubtful it would be approved.

 

That said, maybe I'm not understanding why you need the EAD expedited. Your sponsor potentially losing his job - while sad - is not related to your EAD. If your sponsor no longer meets the requirements for AOS, then you will need to find a new/joint sponsor.

 

Edit: Also, I see your EAD is estimated to be adjudicated around the first week of February. Even expedited, given the Monday holiday, you would be looking at the end of January anyway.

Edited January 14, 2017 by geowrian

[Dutchster 1,107]

As I said in the other topic, I don't think it'll suffice as 'financial loss'. You can work but you can't support yourself for a while yet. That's why you have a co sponsor.  Your co sponsor lost his job and again, if he does not meet the requirements you will have to find a new joint sponsor ASAP as it'll bring your greencard in jeopardy. 

[unknownuser 13]

So let's say if I cancel the expedite request, my case will just continue running normally? Or would my clock reset to 0 and have to wait another 75-90 days again?

I would actually be surprised if they can be that horrible. If a co-sponsor is losing his job, and all you do is request to have your work permit approved so you can work, I don't see what is wrong with that so you can support your family.

Basically, what I do have is proof of the company going bankrupt, since it's all over the internet: https://cases.primeclerk.com/abengoa/

Oh well, I will call on Monday before I go crazy inside these walls.

[geowrian 22,337]

7 hours ago, jonashendrickx said:

So let's say if I cancel the expedite request, my case will just continue running normally? Or would my clock reset to 0 and have to wait another 75-90 days again?

I would actually be surprised if they can be that horrible. If a co-sponsor is losing his job, and all you do is request to have your work permit approved so you can work, I don't see what is wrong with that so you can support your family.

Basically, what I do have is proof of the company going bankrupt, since it's all over the internet: https://cases.primeclerk.com/abengoa/

Oh well, I will call on Monday before I go crazy inside these walls.

It should just continue normally AFAIK. That said, we don't see expedite requests often so I don't think anybody is 100% certain what happens.

 

I'm not sure what you mean. How are they being horrible? They're following federal immigration law and processing requests in the order they arrive.

 

Good luck!

[unknownuser 13]

17 hours ago, geowrian said:

It should just continue normally AFAIK. That said, we don't see expedite requests often so I don't think anybody is 100% certain what happens.

 

I'm not sure what you mean. How are they being horrible? They're following federal immigration law and processing requests in the order they arrive.

 

Good luck!

Actually from what I read is that many expedite their request between day 75 and 90.

Well 19 hours until I can call again.

[geowrian 22,337]

5 hours ago, jonashendrickx said:

Actually from what I read is that many expedite their request between day 75 and 90.

Alright. It's not what I've seen and it doesn't make much sense to me as the average time from NOA1 to approval is only 86 days. I've seen most expedites take at least a week to get a response, and the response is usually that they will make a decision within 30 days.

[blue_angel_29 108]

5 hours ago, jonashendrickx said:

Actually from what I read is that many expedite their request between day 75 and 90.

Well 19 hours until I can call again.

Monday is MLK, is a holiday. 

[unknownuser 13]

Called today. Expedite request don't slow down regular processing of the case.